Felony DWI

Felony DWI Attorney in New Mexico

Facing a felony DWI or vehicular homicide charge in New Mexico can be one of the most overwhelming and life-altering experiences a person can endure. New Mexico enforces some of the strictest DWI laws in the nation, and prosecutors pursue these cases with exceptional intensity, particularly when serious injury or death is alleged. A conviction can lead to years in prison, a permanent felony record, the loss of driving privileges, and devastating personal and professional consequences.

At Mitchell Law Offices, LLC, Attorneys Aaron Mitchell and Tyler Tuminski provide clients with experienced, strategic, and relentless defense representation in felony DWI and vehicular homicide cases throughout New Mexico. They have a deep understanding of how these cases are investigated and prosecuted, and they know how to challenge every piece of evidence, including toxicology results, crash reconstruction findings, officer observations, and witness statements.

Attorney Aaron Mitchell, the firm’s founder, is known for his commanding courtroom presence and his ability to translate complex evidence into persuasive legal arguments. His record of success in high-stakes vehicular homicide and felony DWI cases demonstrates his commitment to achieving results through preparation, strategy, and skill.

Attorney Tyler Tuminski brings a powerful blend of legal insight, precision, and determination, using his experience in criminal defense to identify weaknesses in the prosecution’s case and ensure every client’s rights are protected. Together, Mitchell and Tuminski form a dedicated and highly effective defense team focused on protecting your future and your freedom.

If you are being investigated for or have been charged with vehicular homicide by DWI, felony aggravated DWI, or any serious driving-related offense, it is vital to act immediately. Early involvement from a knowledgeable defense attorney can make a significant difference in the outcome of your case.

Contact Mitchell Law Offices, LLC today for skilled representation.

Potential Consequences of a Felony DWI

New Mexico takes DWI offenses very seriously, prosecuting them to the full extent of the law. If convicted of a felony DWI, you may face severe criminal penalties, including prison time, hefty fines, and mandatory installation of an ignition interlock device. Beyond these penalties, other consequences include:

  • Increased Insurance Premiums
  • Civil Ramifications Through the MVD
  • Inability to Obtain a Concealed Carry License for Five Years After the Resolution of Your Case
  • A Permanent Criminal Record Affecting Employment and Housing Opportunities

There are two types of DWI allegations: simple and aggravated. A DWI charge is considered aggravated in New Mexico if:

  • Your blood alcohol concentration (BAC) is double the legal limit of 0.08%.
    • ➜Legal limit for non-commercial drivers over 21: 0.08%
    • ➜Legal limit for non-commercial drivers under 21: 0.02%
    • ➜Legal limit for commercial drivers: 0.04%
  • You refuse to provide a breath alcohol sample.
  • You cause an accident resulting in great bodily harm that is not likely to cause death.

If you have three prior DWI convictions, any subsequent charge is classified as a felony DWI.

Homicide by vehicle while under the influence of alcohol or drugs is a second
degree felony, with a heightened basic potential prison sentence of up to eighteen (18) years.

If the person has a prior DWI conviction within 10 years, their basic sentence is increased by 4 years for each prior DWI conviction.

Causing Great bodily harm by vehicle while under the influence of alcohol or drugs, or for driving recklessly, is a third-degree felony, which is punishable by up to three (3) years in prison.

If the person has a prior DWI conviction within 10 years, their basic sentence is increased by 4 years for each prior DWI conviction

  • First degree felony resulting in the death of a child - up to life imprisonment
  • Second degree felony resulting in the death of a human being - up to eighteen (18) years imprisonment
  • Third degree felony resulting in the death of a human being - up to six (6) years imprisonment

Felony DWI Offenses and Penalties

If you are accused of a fourth DWI offense under New Mexico law, you are facing up to 18 months in prison. Upon conviction, the judge is required to incarcerate you for at least six months but may sentence you to up to 18 months of incarceration. Alternatively, the judge may impose supervised probation for up to five years or a combination of both.

In addition, the judge may impose a fine of up to $5,000 and require you to undergo counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

If you are accused of a fifth DWI offense under New Mexico law, you are facing up to 24 months in prison. Upon conviction, the judge is required to incarcerate you for at least 12 months but may sentence you to up to 24 months of incarceration. Alternatively, the judge may impose supervised probation for up to five years or a combination of both.

Additionally, the judge may impose a fine of up to $5,000 and require counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

If you are convicted of a sixth DWI offense, you are facing up to 30 months in prison. The judge is required to incarcerate you for at least 18 months but may impose a sentence of up to 30 months. Alternatively, the judge may sentence you to supervised probation for up to five years or a combination of both.

Additionally, the judge may impose a fine of up to $5,000 and require counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

If you are convicted of a seventh DWI offense, you are facing up to three years in prison. The judge is required to incarcerate you for at least two years but may impose a sentence of up to three years. Alternatively, the judge may sentence you to supervised probation for up to five years or a combination of both.

In addition, the judge may impose a fine of up to $5,000 and require counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

If you are convicted of an eighth DWI offense, you are facing up to 12 years in prison. The judge is required to incarcerate you for at least 10 years but may impose a sentence of up to 12 years. Alternatively, the judge may sentence you to supervised probation for up to five years or a combination of both.

Additionally, the judge may impose a fine of up to $5,000 and require counseling or treatment as recommended by the probation department. Upon a conviction that constitutes a 4th or greater offense, you will be required by law to only operate vehicles that are equipped with an interlock device for the remainder of your life.

How We Can Help

For information on the differences between a deferred sentence and a suspended sentence, Click this link: FAQ

Take Action Now

The consequences of a felony DWI conviction in New Mexico are severe, but you do not have to face them alone. The legal team at Mitchell Law Offices, LLC is committed to providing aggressive representation tailored to your unique circumstances. Protect your rights and your future. Schedule a consultation with our felony DWI attorney today.